Provash Halder v. State Of West Bengal And ORS.

06.07.2022 Sl. No.6(SL) srm W.P.A. No. 1586 of 2022 Provash Halder

Versus

The State of West Bengal & Ors.

Mr. Tapas Kumar Majumdar, Mr. Partha Pratim Bhattacharjee ...for the Petitioner.

Mr. Arjun Roy Mukherjee, Mrs. Sucharita Paul ...for the State-respondents.

The petitioner alleges illegal encroachment of a common passage, by the respondent Nos.6 and 7. It is submitted that the said respondents are the neighbours of the petitioner and reside in the adjacent land. A wall had been erected by the said respondents over a part of the common passage. The wall has obstructed the ingress and egress of the petitioner to and from his house. It is further stated that the said respondents have also threatened the petitioner, on various occasions.

With regard to the allegation of encroachment of the common by the alleged construction, the remedy of the petitioner would be to approach the appropriate forum and also the local authorities, namely, panchayat.

The allegation of threat shall be looked into by the police authorities. The police authorities shall ensure that the law and order is maintained and the parties do not engage in any altercation, over such dispute. A sharp vigil in the locality shall be maintained.

The writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)